Detention

Question 1

How do you decide the police has power?

Answer 1

P: identify the power
A: what is the legal authority granting the power
C: what criteria needs to be met and are they met on the facts.
E: how should power be excercised and has it been exercised correctly on the facts?

Question 2

Following an arrest, when can the arrested person be taken elsewhere other than the police station?

Answer 2

when it is necessary to carry out such investigations as it is reasonable to carry out immediately:
* being searched,
* being taken to premises being searched or,
* being taken to a place to check their alibi

person can be taken to any police station unless it is anticipated they will be detained for more than 6 hours, in which case, the are taken to designated police station - other than station, person can be granted bail to attend station at a later date

Question 3

What is the procedural overview when at the police station?

Answer 3

• Detainee will see custody officer who must authorise continued detention
• Detainee informed of their rights
• Detainee will have certain non-intimate samples taken
• Detainee if requested, will speak to their solicitor
• Detainee may be interviewed, along with their solicitor
• After interview, detainee maybe:
  
  • released under investigation or on police bail
  • charged and released on police bail to appear at MC at a later date
  • charged and remained in police custody to appear at MC on following day

Question 4

What is the role of the custody officer?

Answer 4

• responsible for the handling and welfare of suspects in detention at police station
• must be a police officer of the rank of at least sergeant
• must be** unrelated to the process of investigation**

s.37 PACE and COP 2, 3 and 4

the reason of arrest must be explained to custody officer, who can authorise detention of person arrested - they must order release of person detained if grounds for detaining them cease to exist - person can onlt be detained at police stsation an authority of custody officer and released on their authority.

If custody officer is not available, role can be performed by another officer.

Question 5

When reason of arrest is explained to custody officer what happens?

Answer 5

Custody officer will open a custody record and determine whether or not there is sufficient evidence to proceed to charge detainee, if not, they must be released unless there are reasonable grounds to believe detention is necessary:
* secure or preserve evidence or
* obtained such evidence by questioning

Question 6

If there are grounds to detain, what will the custody officer do next?

Answer 6

• authorise detention of the suspect
• inform detainee of reason for their arrest
• inform detainee of reason for their detention
• advise detainee of their rights

Question 7

As well as being responsible for welfare of each detainee, what additional duties exists for them?

Answer 7

• conducting risk assessment procedure for each detainee
• making special arrangements, if necessary (mental incapacitated)
• arranging for interpreters to be present
• contacting healthcare professionals
• dealing with D’s property

They are also responsible for ensuring detained person are treated with provisions of Codes of Practice

Question 8

What should be included in the custody records?

Answer 8

• requirements to inform person of the reason for their arrest
• circumstances of the arrest
• why arrest was necessary and
• any comments made by arrested person

Custody record can be viewed by solicitor as soon as practicable after arrival at the police station and at any time while client is detained

Question 9

What does the review officer do?

Answer 9

• must be satisfied that detention is still necessary
• consider whether grounds for detention, authorised by custody officer, still exists
• must be an officer of at least the rank of an inspector who is not connected to investigation.

s.40: first review of detention takes place no more than 6hrs after suspect’s detention, then periodically every 9hrs after - starts after detention authorised time

review of detention must be carried out during detention of suspect

even if charged, does the review happen?

Question 10

What is the maximum period a suspect can be kept in custody, before being charged?

Answer 10

S.41: 24hrs from the ‘relevant time’
* ‘relevant time’, in most cases begins at moment suspect arrives at police station, which is indiciated on custody record
* before 24hrs limit on detention has expired suspect must either be charged or released.

or can be 24hrs after arrest

Question 10

Can the time of detention be extented?

Answer 10

S.42: allows detention to be extended for further 12hrs making maximum period 36hrs calculated from relevant time.
* authorisation to extend must be given before expiry of inital 24hrs and after 2nd review has occured
* grounds of extention must be explained to suspect and noted in custody record
* suspect and/or suspect’s solicitor should be allowed to make representation

Question 11

What is the criteria for detention to be extended?

Answer 11

• an officer of at least the rank of superintendent must authorise detention
• superintendent or above has** reasonable grounds for believing detention is necessary** to secure or preserve evidence or obtain evidence by questioning
• offence must be an indictable offence
• investigation must be conducted diligently and expeditiously

extention not offered for summary-only offence

Question 12

What if the police wants to detain beyond 36hrs?

Answer 12

Must apply to MC for a warrant of further detention - can authorise detention for a further 36hrs on first application and 36hrs (max 96hrs) on second application

Same criteria applies but instead of superitendent officer satisfying there is reasonable grounds, it is the MC.